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BEATRICE NAT. BK. v. S.E. NEB. CO-OP.

No. 87-081.

432 N.W.2d 842 (1988)

230 Neb. 671

BEATRICE NATIONAL BANK AND TRUST COMPANY, a National Banking Corporation, Appellee, v. SOUTHEAST NEBRASKA COOPERATIVE CO., a Nebraska Corporation, Appellant.

Supreme Court of Nebraska.

December 23, 1988.

Attorney(s) appearing for the Case

Robert C. Guenzel of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellant.

James G. Sharp of Everson, Wullschleger, Sutter, Sharp, Korslund & Willet, Beatrice, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

GRANT, Justice.

This is an appeal from a declaratory judgment entered by the Gage County District Court. Plaintiff-appellee, Beatrice National Bank and Trust Company (Bank), filed a petition for a declaratory judgment against defendant-appellant, Southeast Nebraska Cooperative Co. (Co-op). In its petition, the Bank prayed for a judgment fixing the rights of the parties to the proceeds of the sale of certain livestock owned by John D. and Robert D. Claassen, doing...

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